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FL S0618

Bill

Status

Introduced

10/24/2017

Primary Sponsor

Judiciary

Click for details

Origin

Senate

2018 Regular Session

AI Summary

  • Creates section 934.255 of Florida Statutes to establish procedures for law enforcement to issue subpoenas in investigations of child sexual abuse and certain crimes listed in section 943.0435(1)(h)1.a.(I).

  • Authorizes subpoenas to compel production of records, documents, and testimony, and allows subpoenas to electronic communication service providers for subscriber/customer information and contents of communications stored more than 180 days.

  • Permits nondisclosure of subpoena existence for 180 days (extendable by 90 days) if a supervisory official certifies that disclosure may endanger safety, aid flight from prosecution, destroy evidence, intimidate witnesses, or jeopardize the investigation.

  • Requires law enforcement to serve notice on subscribers/customers upon expiration of nondisclosure periods, stating the nature of the inquiry and that their information was disclosed to authorities.

  • Protects electronic service providers from civil liability for disclosing information in compliance with subpoenas and requires reasonable compensation for assistance; authorizes courts to compel compliance and punish non-compliance as indirect criminal contempt.

Legislative Description

Subpoenas in Investigations of Sexual Offenses

Last Action

Laid on Table, refer to CS/HB 581

3/8/2018

Committee Referrals

Rules1/22/2018
Judiciary1/12/2018
Criminal Justice11/2/2017

Full Bill Text

No bill text available